Opinion
NO. 2017 KW 0681
08-04-2017
STATE OF LOUISIANA v. JIMMY W. MAGEE
In Re: Jimmy W. Magee, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 12-CR8-119574. BEFORE: HIGGINBOTHAM, HOLDRIDGE AND PENZATO, JJ.
WRIT GRANTED. At the time relator filed the prior writ application (2017 KW 0016), this court had no record of a ruling on the November 2016 application for postconviction relief. Therefore, this court granted the writ for the sole purpose of transferring the writ for a ruling on that application and for the district court to reconsider relator's request for free documents. Thus, it appears that the district court mistakenly believed that this court was instructing the court to review a second application for postconviction relief. Relative to the instant writ, relator included a copy of a supporting memorandum, which apparently was not filed in the lower court. This court also takes judicial notice of the fact that relator filed his original request for production of documents prior to filing the application for postconviction relief. In the memorandum, however, relator has identified with reasonable specificity that his constitutional claims relating to alleged errors during voir dire and his jury trial might entitle him to postconviction relief. Therefore, he has demonstrated a "particularized need" for documents and the district court is thus ordered to produce the voir dire and trial transcripts free of charge, see State ex rel. Bernard v. Criminal District Court Section "J", 94-2247 (La. 4/28/95), 653 So.2d 1174, 1175 (per curiam), and then afford relator reasonable time to supplement his postconviction relief application with support from the record for his underlying claims. Accordingly, the ruling on the November 2016 application for postconviction relief is vacated, and this matter is remanded for further proceedings in accordance with these instructions. A copy of this writ application will be forwarded to the district court clerk's office.
TMH
GH
AHP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT